G.R. No. 188794 – 768 Phil. 272 – 788 SCRA 670 – Political Law – Constitutional Law – Bill of Rights – Right Against Unreasonable Searches and Seizures – Invalid Search Warrant – Proof of Personal Examination by the Judge Remedial Law – Criminal Procedure – Rule 126 – Motion […]
Howard
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G.R. No. 105813 – 236 SCRA 398 – Remedial Law – Criminal Procedure – Offer of Testimony Evidence – Testimonial Evidence – Offer of Testimony Concepcion Catuira was being tried for two counts of estafa. After the prosecution rested its case, Catuira filed a demurrer to evidence on the ground […]
G.R. No. 216425 – 890 Phil. 74 – Civil Law – Persons and Family Relations – Family Code – Civil Code – Use of Surnames Remedial Law – Civil Procedure – Special Civil Actions – Change of Name – Legitimate Child May Use Surname of Mother Political Law – Constitutional […]
G.R. No. 216824 – 889 Phil. 915 – Remedial Law – Criminal Procedure – Rule 117 – Filing of the Information – The signature of the city, provincial, or chief state prosecutor in the Information is not a jurisdictional requirement Political Law – Separation of Powers – Substantive Law vs […]
G.R. No. 121927 – 352 Phil. 261 – 289 SCRA 433 – Labor Law – Labor Standards – Wages – Minimum Wage – Commissions are part of Wage Antonio Iran is a softdrinks merchandiser who employs several truck drivers who will deliver his products to various stores. He gives commissions […]
G.R. No. 213488 – 798 Phil. 121 – Labor Law – Labor Standards – Wages – Commissions are part of wages Jurisdiction and Reliefs – Evidence – Burden of Proof of payment of wages is on employer Vilma De Peralta was an Insurance Sales Executive at Toyoya Pasig. In 2012, […]
G.R. No. 225010 – 843 Phil. 759 – Criminal Law – Book II – Crimes Against Honor – Libel – Religious Freedom Elements of Libel – Victim must Be Identifiable In July 1998, Eliseo Soriano, head of the Ang Dating Daan was indicted for two counts of libel. The accusations […]
G.R. No. 203284 – 799 Phil. 449 – Civil Law – Persons and Family Relations – Family Code – Marriage – Psychological Incapacity; when not proven – Psychologist’s findings must be in-depth and comprehensive Nicolas Matudan and Marilyn Matudan married in 1976. After four children and ten years of marriage […]
G.R. No. 117321 – 349 Phil. 874 – 286 SCRA 207 – Political Law – Constitutional Law – Bill of Rights – Extra-Judicial Admission – Right to Counsel – Custodial Investigation In 1988, a tricycle driver was found dead and his trike was also missing. Herson Tan was among the […]
G.R. No. 171672 – 752 Phil. 424 – Political Law – Constitutional Law – Rights of the Accused – Right Against Self-Incrimination; Not applicable as against a private entity In 1993, Marieta De Castro, a bank teller at BPI Pasay was investigated for allegedly falsifying the signatures of two of […]
G.R. No. 244045 – 874 Phil. 240 – Political Law – Constitutional Law – Bill of Rights – Search and Seizure – Informant’s Tip Alone Cannot Engender Probable Cause In the morning of 10 January 2014, an unnamed officer at the Regional Public Safety Battalion (RPSB) in Tabuk, Kalinga received […]
The updated Rules of Court made use of the term “Litigious Motion” to describe motions that needed to be heard before they are resolved by the court. “Litigious” somehow feels and sounds off. We are used to hearing and using “Litigated Motion”. In fact, the Supreme Court in several decided […]